§ 7.36.040. Fireworks—Unlawful in fire limits—Restricted within the city limits—Exceptions.

A.

It is unlawful to discharge, use, shoot, set-off, explode, or cause to be exploded within the corporate limits of the City of Seneca, Kansas, any fireworks or explosives:

1.

Except Class C fireworks (common fireworks) as defined by the United States Department of Transportation or Interstate Commerce Commission, under 49 C.F.R. 173.100 (197);

2.

Within one thousand feet of any hospital;

3.

Within the fire limits of the City of Seneca, Kansas, as defined by Section 2.36.130 of this code and any amendments thereto;

4.

Between the hours of 11 o'clock p.m. and 8 o'clock a.m.;

5.

Between, but not including, the dates of July 5th and June 27th;

6.

In close proximity to any person or persons;

7.

Into, under, onto, or from any motor vehicle, whether moving or standing still; or

8.

On a public roadway, or the right-of-way adjoining any public roadway, and on any other public property.

B.

The mayor and city council may, by majority vote of the governing body present at any meeting, allow for the discharge of fireworks or explosives at a time and place not otherwise allowed:

1.

For the purpose of conducting or allowing a public display of fireworks;

2.

If rain or drought has hampered the public's opportunities to discharge fireworks within the limits prescribed herein;

3.

For any other purpose deemed prudent by the mayor and city council.

C.

Prohibited devices may be used for public display purposes, provided that the handling and firing is done in accordance with the requirements of the Kansas Fireworks Act, K.S.A. 31-501 et seq., and any regulations promulgated by the state fire marshall under that act.

(Ord. No. 1308, § 1, 8-4-2010)

Editor's note

Ord. No. 1308, § 1, adopted Aug. 4, 2010, repealed § 7.36.040, in its entirety and enacted new provisions. Prior to this amendment, § 7.36.040 pertained to similar subject matter. See Disposition of Ordinances Table for derivation.